Housing authority fined for asbestos job

The state fined the Saratoga Springs Housing Authority for failing to perform an asbestos survey on a property that it had demolished and contained the potentially hazardous material.

The state Labor Department slapped the SSHA with a $1,000 civil penalty for tearing down a home at 36 Allen Drive that it managed for the Saratoga Springs Affordable Housing Group, according to records obtained this week through a Freedom of Information request. The state also cited the SSHA for using an unlicensed and non-certified contractor to handle the material that contained the asbestos, records state.

The building was demolished in late-summer 2009 for new housing units, according to the documents. The state received a complaint about the project on Feb. 26, 2010, and inspected the site days later. Results from lab tests on materials from the site indicated the home’s linoleum flooring “was at least 35 percent asbestos,” according to the state Labor Department.

The state informed the SSHA of the fine in a letter to Ed Spychalski, SSHA executive director. The SSHA paid the fine on May 11, 2010, according to the state.

The violations of state labor law and industrial code were disclosed by city resident John Kaufmann, a critic of Spychalski and SSHA operations since December, when public housing residents in the city told city officials that Spychalski was not addressing the presence of bedbugs in Stonequist Apartments. Spychalski should have known the requirements of knocking a building down, Kaufmann said in an interview Friday.

“It is also important to note that performing the required survey entails the risk that asbestos will be found, and that the removal of asbestos properly is quite expensive,” said Kaufmann, the former executive director of the Saratoga County Economic Opportunity Council. Spychalski told state inspectors he did not know he was required to conduct an asbestos survey until the issue came up when he went to knock down another building on Allen Drive, according to documents.

Asbestos is a mineral fiber used in a variety of building construction materials. When asbestos-containing materials are damaged or disturbed, microscopic fibers become airborne and can be inhaled into the lungs, where they can cause significant health problems, according to the U.S. Environmental Protection Agency.

The date when the SSHA demolished the home at 36 Allen Drive is important because Spychalski received an email from the New York State Housing Trust Fund on Aug. 20, 2009, specifically telling him to submit an asbestos survey, removal and disposal plan prior to any alteration of Allen Drive properties, according to the letter. Spychalski told a state Labor Department inspector he demolished the home in “late-summer 2009.” The exact date of the demolition and who performed it could not be independently verified Friday.

Asked about the project and Kaufmann’s allegations, SSHA Board Chairman Eric Weller released a statement through an authority attorney.

“The minimal amount of asbestos that was discovered between a layer of flooring and concrete sub-floor was safely removed in accordance with state and federal law,” Weller said. “The decision was made to pay the minimum fine rather than expend funds significantly in excess of that amount to challenge it.”

The SSHA hired Evergreen Environmental to undertake a state-mandated site assessment of the property. The state warned Spychalski that future involvement in any asbestos project without a valid license or certification could result in additional violations, a larger penalty and referrals to the EPA for possible criminal proceedings.

Kaufmann received the information from the state Labor Department. Even though the SSHA was fined in the case, an SSHA attorney told Kaufmann the SSHA did not have any documents relating to asbestos removal on Allen Drive, and directed him to the city’s affordable housing group, which is not subject to the law’s requirements, Kaufmann said.

The housing authority did not directly reply to the charge, though Weller denied “it engaged in any improper conduct or in any way attempted to cover anything up.”
dyusko@timesunion.com ■ 518-454-5353 ■ @DAYusk

2 Responses

IT MUST BE NICE TO HAVE YOUR OWN PERSONAL MEDIA OUTLET. I’D LIKE TO KNOW WHY THE T.U. IS REPORTING OLD BUSINESS ON THE SSHA? THERE HAS BEEN MORE RECENT ALLEGATIONS REGARDING THA, AND IT WARRENTED ONE DAY IN YOUR NEWSPAPER? GIVE ME A BREAK. MOVE ON EVERYONE BUT JOHN KAUFMANN IS TIRED OF HEARING THIS GARBAGE. IF YOU WANT TO TALK ABOUT OLD NEWS, WHY DON’T YOU DISCUSS THE MESS DENNIS BRUNELLE HAD TO CLEAN UP AT EOC AFTER MR. KAUFFMAN’S DEPARTURE? I UNDERSTAND IT WAS NOTHING BUT PROBLEMS AND LAWSUITS WHEN HE WAS THERE. ENJOY YOUR COFFEE AT ON COMMON GROUNDS….

If John Kauffman is going to continue to act like a clown then at least paint that face. He is a failed business man who nearly destroyed EOC. This reckless behavior will never get you elected or your girly Jane either. How does it feel to be a puppet of John Franck. Same goes for Kenneth “I really know nothing about computers” Ivins. Just a couple of puppets trying to use politics to get a payday.